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10. Change Orders and Work Change Directives. Recommend Change Orders and Work <br />Change Directives to Owner, as appropriate, and prepare Change Orders and Work <br />Change Directives as required. <br />11. Shop Drawings and Samples. Review and approve or take other appropriate action in <br />respect to Shop Drawings and Samples and other data which Contractor is required to <br />submit, but only for conformance with the information given in the Contract Documents <br />and compatibility with the design concept of the completed Project as a functioning whole <br />as indicated by the Contract Documents. Such reviews and approvals or other action will <br />not extend to means, methods, techniques, sequences, or procedures of construction or <br />to safety precautions and programs incident thereto. Engineer shall meet any <br />Contractors submittal schedule that Engineer has accepted. <br />12. Substitutes and 'or -equal." Evaluate and determine the acceptability of substitute or "or - <br />equal" materials and equipment proposed by Contractor, but subject to the provisions of <br />Paragraph A2.02.A.2 of this Exhibit A. <br />13. Inspections and Tests. Require such special inspections or tests of Contractor's work as <br />deemed reasonably necessary, and receive and review all certificates of inspections, tests, <br />and approvals required by Laws and Regulations or the Contract Documents. Engineer's <br />review of such certificates will be for the purpose of determining that the results certified <br />indicate compliance with the Contract Documents and will not constitute an independent <br />evaluation that the content or procedures of such inspections, tests, or approvals comply <br />with the requirements of the Contract Documents. Engineer shall be entitled to rely on <br />the results of such tests. <br />14. Disagreements between Owner and Contractor. Render formal written decisions on all <br />duly submitted issues relating to the acceptability of Contractor's work or the <br />interpretation of the requirements of the Contract Documents pertaining to the <br />execution, performance, or progress of Contractor's Work; review each duly submitted <br />Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, <br />approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes <br />that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair <br />and not show partiality to Owner or Contractor and shall not be liable in connection with <br />any decision rendered in good faith in such capacity. <br />15. Applications for Payment. Based on Engineers observations as an experienced and <br />qualified design professional and on review of Applications for Payment and <br />accompanying supporting documentation: <br />a. Determine the amounts that Engineer recommends Contractor be paid. Such <br />recommendations of payment will be In writing and will constitute Engineer's <br />representation to Owner, based on such observations and review, that, to the best of <br />Engineers knowledge, information and belief, Contractors Work has progressed to <br />the point indicated, the quality of such Work is generally in accordance with the <br />Contract Documents (subject to an evaluation of the Work as a functioning whole <br />Page 3 of 9 Appendix "A" <br />